Transcript DETENTION HEARINGS

By: Walter Munoz, DPD,
L.A. Co. Public Defender’s Office, Juvenile Division
WHEN IS DET. HRG REQUIRED?

1) Detained arraignment.

2) When M requests rehearing. (William
M./ Dennis H.).

3) Later court appearance alleging
change of circumstances.

4) CDP/Electronic Supervision.
TIMELINES FOR INITIAL DET. HRG
Felony, violent misdemeanor, or M on
probation:

Petition filed w/in 48 hours
M brought to ct. by end of first judicial day after pet.
filed.
1.
2.

Non-violent misdemeanors where M not on
probation:
1.
2.


Petition filed and
M brought to ct. w/in 48 hours of detention.
Must release M if timeline violation.
Tip – Look at time of arrest and time stamp on
petition.
PRESUMPTION – M “MUST” BE RELEASED

Cal. R. of Ct. 5.758 states that “the
Court MUST RELEASE the child unless
the court” makes specific findings.

Tip - Remind Court of presumption.
3 REQUIREMENTS FOR DETAINING M

1. A PRIMA FACIE SHOWING is made
that M is person described by WIC 602.

2. A GROUND FOR DETENTION exists.

3. “Continuance in home is CONTRARY
TO M’S WELFARE.”
REQUIREMENT 1: PRIMA FACIE SHOWING

1) Stipulation.

2) DA submits matter to court on basis
of police reports.
 Burden of proof = probable cause
REQUIREMENT 2: GROUND FOR DET. EXISTS

W&IC 635 Grounds:
1.
2.
3.
4.
5.

M violated a court order;
M escaped from commitment;
M likely to flee;
Matter of immediate and urgent necessity for
the protection of M; or
Reasonably necessary for protection of
person or property of another.
Only one ground needed.
REQ 2: GROUNDS FOR DETENTION CONT...

Tip – always review Cal. R. Ct. 5.760.

Grounds of Detention Defined.

Example: Cal. R. Ct. 5.760 (i)(urgent
necessity for protection of M)
There are no means to ensure protection of M
until next court date.
2. M in danger from use of drugs.
3. Other compelling circumstances exist.
1.
REQUIREMENT 3: CONTINUANCE IN HOME IS
CONTRARY TO M’S WELFARE

Argue that home is better.
 Safeguards in place.
 Plan in place.

Argue detention detrimental.
 Specific to M.
 In general – dangers of detention.
Q: WHAT DOES A DETAINED ARRAIGNMENT LOOK
LIKE?

A: Anything you want it to look like.

Cal. R. Ct. 5.756(b): the court “MUST
CONSIDER any RELEVANT EVIDENCE
that the child, the parent, the guardian,
or counsel presents.”
GETTING A “DO-OVER”

Now, Court has made order to detain M
at arraignment.

What next?

Can request REHEARING.
 Grounds for Detention.
 Prima Facie Showing – Police Report.
DET. REHEARING: 2 TYPES

1) Rehearing on Grounds for Detention.
 (aka WILLIAM M. HEARING).

2) Rehearing on Prima Facie Showing.
 (aka DENNIS H. HEARING).
WILLIAM M. HEARING

Why? More time to articulate details
about M.

Can also:
 Call wits.
 Produce docs.
DENNIS H. HEARING
Rehearing must occur w/in 3 days.
 Ct may grant DA continuance up to 2 addnl.
days if wits unavailable.

Right to cross-examine preparer of reports
but not percipient witnesses.
 Litigate coerced confession.
 M under 14: DA must prove up Gladys R. (M
knew wrongfulness of conduct).

DENNIS H. PROS
Pros:
 Useful pre-adjudication discovery tool.

○ Preview officer testimony.
○ Foundation for later impeachment.
○ Set up a later suppression motion.
Helps highlight areas of investigation
needed.
 Shows judge that case is weak or
should be reduced to misdemeanor.

DENNIS H. CONS

Cons:
 May reveal un-alleged offenses.
 May reveal that offense is undercharged.
 May reveal defense.
CALLING VICS AT DENNIS H.
Only right to cross-examine preparer of
report.
 But, court “must consider any relevant
evidence” at detention hearing.

 Cal. R. Ct. 5.756(b)
Subpoena wits under this theory.
 Tip – Run William M. with Dennis H.

 Look at detention grounds definitions.
 “Circumstances of the offense.”
REMEDY IS RELEASE NOT DISMISSAL

If the proper showing is not made,
remedy is release.

Benefits of release:
 Disposition;
 Preparation of defense; and
 Avoid detrimental effects of detention.